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Scura, Wigfield, Heyer, Stevens & Cammarota Blog

No Fault Personal Injury Protection (PIP) vs. At Fault Insurance Coverage in New Jersey

In New Jersey, understanding PIP coverage is essential, as it might be required to protect yourself when you need medical coverage. To illustrate how, consider this: the worst has happened: you are in a car accident. You need immediate medical attention. The first thought that races through your mind is that question you always ask when you’re hurt: will your insurance decline to cover your immediate injuries. The reality is that several of us are injured behind the wheel. We often do not understand the complex laws surrounding personal injury to fully understand your rights.

Most specifically, when dealing with Personal Injury Protection Coverage – or PIP – we do not know for sure how it can help us in the event of a worst-case scenario. You might have heard of No Fault or At Fault accidents. While on the outside these can sound drastically different, it might be hard to determine what damages can count as a No Fault claim as opposed to what an At Fault claim is.

All of these concepts might sound complicated, but in practice they are far more straight forward than you might believe. If you are unsure whether your insurance will cover you or if you have to fight for damages, let us shed light on both concepts, when both apply, and how to get the money you need to recover after an accident.

5 Ways Construction Projects Can Ruin Your Car

In theory, construction sites build. They are designed to help build towers to the sky, replaced damaged property with functional equivalents, and add curbside appeal to cities and towns in need of it. Alternatively, construction sites can do something incredibly practical by building a new Wawa. In New Jersey, construction is a common occurrence, with many of us passing by it on the highway without a second thought issued.

What makes this problematic, however, is when the construction site creates a hazardous zone which spreads destruction rather than construction. There are several ways construction projects can ruin your cars, trucks, or bicycles when passing through the area.

Jaywalker v Reckless Driver – Who was Responsible for the Injury?

Reckless driving and reckless walking can lead to some unsafe situations. When someone drives around without looking at the road or walks on the road without looking, things, unsurprisingly, will go wrong very fast. It seems inevitable that their mutual negligence will result in someone colliding into the other and that the motorized vehicle, being faster and larger, will cause more severe damage to the smaller, frailer human.

But when the case is brought to civil court, who is at fault? Who would be more at fault for the situation? New Jersey is a partial comparative negligence state. This means that the jury will place a percentage of responsibility on the parties involved. If the jury determines that the jaywalker is 50% responsible for the accident, they will pay 50% of the personal injury damages, while the other 50% will be paid by the driver. However, in these cases, what factors would a jury and judge need to consider in order to determine who pays what?

6 Common Car Mechanical Failures That Can Get You Into an Accident

Personal Injury cases often deal with car accidents. People can be seriously hurt or injured by a vehicle when driving. You might find yourself rammed from the side, rear-ended, or cut off in abrupt and violent ways that lead to cars colliding or crashing. Sometimes, the fault can be due to another driver’s negligence.

However, very often, it is also the result of mechanical failure. This mechanical failure is often the responsibility of the driver to detect through reasonable means. However, these car issues can be serious issues that can put you and other people in jeopardy. These common car mechanical failures can result in you getting into a horrible accident.

What Are the Most Common Causes of Car Accidents in New Jersey?

Car accidents occur often in New Jersey. You could be driving along the road when some other driver plows into the side of your vehicle or cuts you off. Drivers can be negligent. Drivers can be drunk. Anger or apathy can result in vehicles speeding down lanes they should not travel, which can only result in you or a loved one being hurt.

If a vehicle has struck you or your car, damaging either your body or possessions, you are entitled to personal injury money. Thankfully, the New Jersey Civil Court system has multiple charges set in place for the most common car accidents out there. If you are caught off-guard, you might want to consider utilizing the following means to get even against those who will hurt you.

Can a Pedestrian Be at Fault for Car Accidents?

When you hear that a vehicle crashes into a pedestrian, the first assumption is the driver was speeding or not paying attention to the road. When pedestrians are walking on the sidewalk or crossing the crosswalk at a light, drivers need to look forward on the road to react to whatever happens on the road. New drives? New walkers? These are factors that matter greatly to any driver. To ignore them is to behave in a negligent manner.

However, is it always the car driver’s fault if a pedestrian is hit? Drivers can be negligent, but so can pedestrians out for a walk. The only issue is that their negligence is usually self-destructive, putting them in harm’s way in an unnecessary fashion. This all invites the question: when are pedestrians at fault for vehicular accidents?

If you Get into an Accident Riding a Bicycle, Will Insurance Help You?

Every cyclist’s worst fear is being struck by a car while on the road. They might do everything right, driving along the curb with a helmet, a bell, and a light source for night driving. None of that helps when one car jumps the curb and plows into their side. Impact can send a cyclist flying into the fences or tumbling under the wheels of their car. Fear floods the senses, so much that you might not notice your mangled bike or splintered femur. With a bike accident, the injuries are typically more severe because you have nothing to protect you when you are hit and sent to the ground.

Photo Evidence Can Help Win a Car Crash Personal Injuries Suit

The worst has happened. You’re driving your vehicle on the open road, eyes ahead. You are obeying every rule of the road, doing everything right. Then, something strikes your vehicle. Maybe a truck plowed through your passenger door, crunching seat into metal shards. Perhaps a car cut short – too fast for you to swerve out of the way – and you strike it head-on, folding your engine through your steering wheel. Your fingers have fragmented down to the knuckles, your skin is shredded as shards carve jagged gashes, and your passengers lay concussed next to you from heavy trauma to the skull.

The Most Important Auto Insurance Coverage You Should Have [Video]

Thumbnail Image for Most Important Insurace Covereage Video-John Scura-1

[John J. Scura III., Esq. explains the type of auto insurance coverage you should have in New Jersey]

The least explained but most important insurance in New Jersey is Uninsured and Underinsured Motorist Insurance (UM/UIM) Coverage. Insurance agents do not explain this insurance fully, leaving you potentially in trouble with not enough insurance in cases involving serious injuries.

State law in New Jersey requires that insurance companies offer Uninsured and Underinsured motorist coverage as an option up to at least $250,000 for each person and $500,000.00 covering each accident for bodily injury.  Insurance companies also have to offer a $500,000 single limit option for uninsured and underinsured motorist coverage.  You can also have these limits increased further by purchasing an umbrella policy.

10 Worst Tricks Insurance Companies Use After You Are Involved in An Accident

injured man after accident

Insurance companies spend billions of dollars each year in marketing to convince the public that they have your best interest at heart.  Let’s take a look at some of the slogans:  State Farm  -  Like a good neighbor State Farm is there; Allstate – You’re in good hands with Allstate; Geico -15 minutes could save you 15% or more on car insurance; Progressive – Think easier, think Progressive; Chubb- Peace of mind; Prudential – Let Prudential be your rock or Bring your challenges.

 I have represented people against insurance companies for 25 years and can tell you unequivocally that these insurance companies will do anything they can to deny you fair money for your loss whether it be personal injury, property damage or economic loss. In your toughest time of need you will not be in their “good hands” and they will not be your “good neighbor.”  Protect yourself and your family after an accident and understand they are not in any way trying to help you.




Ten of the worst tricks insurance companies use in trying to deny people fair money for their claims after an accident are as follows:

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